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Kerala Kaumudi Online
Wednesday, 19 February 2025 8.44 PM IST

Cannot accept position based on order that violates rules; B Ashok writes to Chief Secretary

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THIRUVANANTHAPURAM: Dr B Ashok, who holds the rank of Principal Secretary, has written a letter to the Chief Secretary objecting to his appointment as the Local Self-Government Reforms Commission Chairman. In the letter, Ashok stated that he cannot accept a position based on an order that violates the rules. He pointed out that the Supreme Court mandates prior consent from the officer when appointing the officer to positions outside the IAS cadre, a requirement that was not followed in his case.

The letter also emphasized that transferring an officer holding a cadre post to a non-cadre position breaches service rules. The position of Chairperson of the independent Local Self-Government Reforms Commission falls outside the IAS cadre, and Ashok asserted that he cannot accept it. He noted that he had served in the Local Self-Government Department for only four months and that there were numerous other IAS officers with years of experience available for the role.

Dr B Ashok’s appointment as the Chairman was made without obtaining approval from the Central Government. According to the Civil Service rules, prior approval from the Union Ministry of Personnel is required to appoint civil service officers as commissions or tribunals. The state government can make recommendations to the Centre for such appointments. For officers up to the rank of Joint Secretary, the files are approved by the Minister of State for Personnel, while files for higher-ranked officers require the approval of the Prime Minister. Since Ashok holds the rank of Senior Additional Secretary at the Centre, his appointment as Chairman required the Prime Minister’s approval, which was not sought.

Ashok will approach the Central Administrative Tribunal and the High Court citing that this appointment is contrary to the rules. The rule requiring prior approval was introduced to prevent the assignment of civil service officers to commissions or tribunals that might investigate matters against the Centre. The state cabinet’s decision to appoint Ashok disregarded these considerations.

TAGS: B ASHOK, KERALA, CHIEF SECRETARY, LOCAL SELF GOVERNMENT REFORMS COMMISSION
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